Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Facton Ltd (formerly known as G-Star Raw Denim KFT) v Seo [2011] FCA 344 Citation: Facton Ltd (formerly known as G-Star Raw Denim KFT) v Seo [2011] FCA 344
Appeal from: Facton Ltd & Ors v Chung Lim Sports Cap Pty Ltd & Ors [2010] FMCA 584 and Facton Ltd & Ors v Chung Lim Sports Cap Pty Ltd & Ors (No 2) [2010] FMCA 735
Parties: FACTON LTD (FORMERLY KNOWN AS G-STAR RAW DENIM KFT), G-STAR AUSTRALIA PTY LTD (ACN 084 011 852) and G-STAR INTERNATIONAL BV v DAVID SEO
File number: VID 846 of 2010
Judge: GORDON J
Date of judgment: 12 April 2011
Catchwords: EVIDENCE – expert evidence – whether specialised knowledge or expertise established to admit evidence under s 79 of the Evidence Act 1995 (Cth) DAMAGES – infringements of trademarks and copyright – adequacy of compensatory damages, damages to reputation and additional damages pursuant to s 115 of the Copyright Act 1968 (Cth) COSTS – requirements of O 23 of the Federal Court Rules 1979 (Cth) and Calderbank v Calderbank [1975] 3 All ER 333 – whether offer of compromise and rejection letter considered by Court in the exercise of its general costs discretion
Legislation: Copyright Act 1968 (Cth) Copyright Amendment (Parallel Importation) Act 2003 (Cth) Evidence Act 1995 (Cth) Fair Trading Act 1987 (NSW) Federal Court Rules 1979 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Magistrates Court Rules 2001 (Cth) Trade Marks Act 1995 (Cth) Trade Practices Act 1974 (Cth)
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